Financial/property issues:
- "I want a divorce, but I'm worried about how it will affect me financially -- especially in the current economic climate. Is it a bad idea to divorce in a recession like this?"
Dallas divorce attorney Michelle May O'Neil answers: "Determining whether divorce is the right option for you requires weighing many different factors..."
- "We have a lot of assets to divide. Is Collaborative Divorce appropriate -- or even wise?"
Houston, Texas CDFA Patricia Barrett answers: "After assisting with many divorce cases, I find that the cost of divorce and the amount of pain involved is related to..."
- "How will property be divided in my divorce?"
Plano, Texas divorce lawyer Jane-Ashley McMillan answers: "The primary concern that many people have when going through a divorce involves..."
- "I want to change the division of my property in my divorce. What are my options?"
Dallas, Texas family-law attorney Michelle May O'Neil answers: "There is a short amount of time after a court enters its order in which a party can ask the court to reconsider..."
- "I'm concerned that my credit is going to be affected as I go through my divorce, what can I do to protect myself?"
Houston, Texas CDFA and financial planner Beth Dickson answers: "If your spouse has responsibility for unpaid debts, the debt holder will look to anyone ever on the debt..."
- "What are the most common financial mistakes people make during a divorce?"
Houston, TX CDFA and CFP Beth Dickson answers: "The most common financial mistake is not hiring at least a Certified Divorce Financial Analyst..."
- "I'm thinking of getting a divorce. What is a Certified Divorce Financial Analyst, and how can one help me?"
Houston, TX CDFA and financial planner Beth Dickson answers: "A CDFA has been trained to analyze the financial assets and liabilities of your marriage..."
- "Is it better to take more of the marital property -- such as a house or IRA -- instead of spousal support?"
Houston, Texas CDFA and CFP Beth Dickson answers: "It depends on your personal situation. Sorry -- no black-and-white rule exists..."
- "Can I still collect child support even if my former spouse lives in a different state?"
Houston family-law attorney John Nichols answers: "All states have passed the Uniform Reciprocal Enforcement of Support Act or a comparable statute..."
- "Can my former spouse file for bankruptcy to avoid paying child support?"
Houston family lawyer John Nichols answers: "The federal bankruptcy code exempts child support and alimony..."
- "What can I do to enforce payment of child support?"
Houston divorce attorney John Nichols answers: "There are many enforcement devices available in most states. These include..."
- "Who has to pay child support?"
Houston divorce lawyer John Nichols answers: "Liability is imposed upon both parents. Substantially all states have adopted the Uniform Support of Dependents Law..."
- "I am worried that my spouse will try to hide assets from me. How can I be sure I get a fair share of the business and other assets?"
Houston divorce lawyers Lindsey Short and Lauren Durso answer: "In Texas, it is standard procedure for the party filing for divorce to seek a Temporary Restraining Order..."
- "I want a divorce, but I am not sure I can afford it. What should I do?"
Houston divorce attorney John Nichols answers: "Divorce courts can adjudicate or assess your legal fees against your spouse on an interim basis..."
- "How is marital property classified and characterized in Texas?"
Dallas divorce lawyer Michael Geary answers: "For purposes of a divorce, property is classified as either separate property or community property..."
- "If I move out of the family home, do I lose my rights to it?"
Dallas divorce attorney Laurence DePlaza answers: "If the community estate has an interest in the home, then it will be considered in the division of property..."
- "My spouse and I own a business together. How will a judge split it?"
Dallas family lawyer Ike Vanden Eykel answers: "If a business is involved in the divorce, your agreement needs to specify who receives the business..."
- "If I file for divorce, how can I protect certain assets (family heirlooms, etc.) from my ex?"
Houston divorce attorney Lindsey Short answers: "When filing for divorce, there are several steps that can be taken to protect assets from your spouse..."
- "I'm not certain my lawyer has a good handle on the financial aspects of my divorce. What should I do?"
Dallas, Texas CDFA and financial planner Maggie Tolbert answers: "Money mistakes can be costly in a divorce situation, not only in terms of dollars and cents..."
- "I am worried that my spouse will try to hide assets from me. How can I be sure I get a fair share of the business and other assets?"
Fort Worth, Texas divorce lawyer Jim Loveless answers: "It can be difficult to know if all of the assets are fully disclosed and thus made subject to division..."
- "I heard that spouses can agree to divide property acquired during their marriage without going through a divorce. If that's the case, how can it be done?"
Houston family lawyer Marcela Halmagean answers: "A postnuptial agreement is similar to a prenuptial agreement, except that it is signed during marriage..."
- "Is it better to give or receive one large lump-sum payment up-front than monthly spousal-support payments?"
College Station, Texas CDFA and CPA Tracy Stewart answers: "Many people say that Texas doesn't have spousal support. It isn't far from the truth..."
- "How could my income taxes be affected by my divorce?"
Houston divorce lawyer Randall Wilhite answers: "Though there are some general precepts, the laws of divorce taxation can often be exceedingly complex..."
- "I have been a stay-at-home wife for 15 years. Do I qualify for alimony in Texas?"
College Station, TX CDFA and accountant Tracy Stewart answers: "For many years, Texas was the only state without post-divorce court-ordered alimony..."
- "What happens to our joint debts when we divorce?"
Texas credit expert and author Gerri Detweiler answers: "Divorce is painful enough without it resulting in a damaged credit history that will haunt you..."
- "How can I build or rebuild good credit after divorce?"
TX credit expert and author Gerri Detweiler answers: "Your divorce is over, but you may be reminded of it every time you apply for a loan or other services...."
Legal issues:
- "How is paternity determined in Texas?"
Dallas divorce attorney Michelle May O'Neil answers: "Suits to adjudicate parentage are most commonly filed to establish paternity. Under the Texas Family Code, a man can become a father if..."
- "How long does it take to get a divorce?"
Plano, Texas family law attorney Jane-Ashley McMillan answers: "A petition for divorce must be filed with the court for at least 60 days before the court..."
- "I want to litigate my divorce to get sole custody and my fair share of the property. My lawyer insists it would be better to negotiate outside of court. I strongly disagree. What should I do?"
Fort Worth family lawyer Patricia Baca answers: "The client is entitled to make the final decision on all matters; however, the attorney is there to..."
- "Under what circumstances can I annul my marriage, rather than get a divorce?"
Fort Worth, TX family law attorney Brenda Ferguson answers: "First, it is important to understand what an annulment truly is, as there are misconceptions..."
- "I'm not happy with the outcome of my divorce. Can I appeal it? If so, how?"
Dallas divorce lawyer Michelle May O'Neil answers: "There are several options for you to consider if you are unhappy with the outcome of your divorce..."
- "Do the divorce courts always hear cases when they are scheduled?"
Houston divorce attorney John Grubb answers: "Frequently, the courts have 20, 30, or 40 cases set on the docket in the morning or in the afternoon..."
- "How does a joint child-custody agreement usually work?"
Dallas family lawyer Michelle May O'Neil answers: "Joint custody is a term that includes several aspects regarding each parent's rights and obligations..."
- "What is probate?"
Bedford, Texas family lawyer Stephen Brewer answers: "When a will is validated and found to be legally enforceable, it is said to be 'probated'..."
- "How do we decide whether sole child-custody or joint child-custody is best for our family?"
Dallas, Texas divorce attorney Michelle May O'Neil answers: "Texas family law presumes that all parents will be granted the title of joint managing conservators..."
- "What do I need to do to prepare for my first meeting with my divorce attorney?"
Houston, Texas family-law attorney John Grubb answers: "If it is your first meeting with your divorce attorney, you probably fall into one of three categories..."
- "If I move out of the family home, do I lose my rights to it?"
Dallas divorce attorney Michelle May O'Neil answers: "The question raises two different issues regarding vacating the marital residence before a divorce..."
- "If you live in a 'common-law marriage,' are you entitled to the same spousal-support and property division as if you were legally married?"
Houston divorce lawyer John Grubb answers: "Often, I receive inquiries from prospective clients about a divorce who say, 'we just have a common-law marriage'..."
- "Should I ask for a divorce based on fault or no-fault grounds?"
Dallas, TX divorce lawyer Michelle May O'Neil answers: "Most divorces in Texas allege and are granted on the basis of insupportability, the no-fault ground..."
- "I have to go to divorce court. Can you give me any tips?"
Houston divorce attorney John Grubb answers: "Of course, one of the reasons you wanted a divorce is that your spouse is an uncooperative person..."
- "What happens if I disagree with the outcome of my case? What are my options?"
Dallas family lawyer Michelle May O'Neil answers: "There are several options for a party to consider if he or she disagrees with the outcome of the case..."
- "In your divorce litigation, can you change the judge's decision?"
Dallas family-law attorney Michelle May O'Neil answers: "The first option to consider in challenging a trial judge's ruling is whether to file a motion..."
- "How is property divided in Texas divorce?"
Plano, Texas family lawyer and mediator Jody Johnson answers: "At the time of divorce, the court is required to divide the community property of the parties..."
- "How do I begin my divorce? Do I have to fill out some kind of form?"
Texas divorce and credit experts John Ventura and Mary Reed answer: "No matter which state your divorce takes place in, every divorce starts the same way..."
- "How can I help keep my legal bills under control?"
Houston divorce lawyer Duana Loechel answers: "Make sure you ask how and for what you are being charged before signing on the dotted line..."
- "Who gets primary parenting rights?"
Dallas and Houston clinical psychologist Robert Gordon answers: "Primary rights include the right to decide where a child lives, how the child is educated, and..."
- "I had an affair. My wife says I’m at fault for our divorce, and she plans to take all the property in the divorce. Will she get everything?"
Dallas, Texas divorce lawyer Michael Geary answers: "The court may grant a divorce in favor of one spouse if the other spouse has committed adultery..."
- "I'm just starting my divorce. What pitfalls should I watch out for in the divorce process?"
Dallas and Plano, Texas family lawyer Kelly McClure answers: "The number one pitfall is agreeing to temporary orders just to avoid hearings or save money..."
- "If you date as soon as you're separated, will it legally affect the outcome of your divorce in any way?"
Houston family-law attorney Susan Myres answers: "Since we have 'no fault' divorce in Texas, many people feel there can't be any harm in moving on..."
- "I am common-law married. Do I need a divorce?"
Dallas family-law attorney Mike McCurley answers: "Contrary to popular belief, there are no time requirements for establishing a common-law marriage..."
- "How do I find the right divorce lawyer for me?"
Houston divorce attorney Brenda Keen answers: "The first step in selecting your divorce attorney is to seek referrals from people you trust..."
- "What information do I need to bring to an initial consultation with my divorce lawyer?"
Houston family lawyer Lindsey Short answers: "Knowing the information you should bring to an initial consultation will make matters more clear..."
- "What are the main issues addressed in a divorce case?"
Dallas family lawyer Mike McCurley answers: "If there were children born during the marriage, all issues pertaining to the children must be addressed..."
- "What is the procedure for divorce in Texas?"
Dallas, Texas divorce lawyer Mike McCurley answers: "The first step toward the dissolution of marriage is to file a divorce petition with the court..."
- "What is the difference between a divorce and an annulment?"
Dallas, Texas divorce attorney Mike McCurley answers: "A divorce encompasses many different issues including the division of property and debts..."
- "What is the difference between a contested divorce and an uncontested divorce?"
Houston, Texas family lawyer Regan Armstrong answers: "An uncontested divorce is one in which parties agree on property division, child custody, or child support..."
- "How soon will I be divorced? How can I shorten the divorce process?"
Houston, Texas family-law attorney Donn Fullenweider answers: "Texas requires a 60-day waiting period after the filing of a lawsuit before it will grant a divorce..."
- "Can one divorce lawyer represent both my spouse and me? I think it would save us both time and money."
Houston, TX family lawyer Sondra Kaighen answers: "It is a violation of the lawyer's canon of ethics to represent two people on opposite sides of a lawsuit..."
- "Can I object to the amount of fees charged by my divorce lawyer?"
Dallas, TX family-law attorney Laurence DePlaza answers: "During your initial consultation, decide if the divorce attorney's rate is within your budget..."
- "I need to discuss certain aspects of my case. Can I call my spouse's divorce lawyer if mine is out of town?"
Texas divorce lawyer William Neal answers: "The ethical considerations prohibit a divorce attorney from communicating with the opposing party..."
- "How can I prepare myself for my day in court?"
Houston divorce lawyer Donn Fullenweider answers: "If you are there for an uncontested matter, preparation is not necessary, because the matters are routine..."
- "Can I fire my divorce lawyer? How? Under what circumstances?"
Houston family-law attorney Lindsey Short answers: "It is important to remember that divorce is not an easy thing and can be like riding a roller coaster..."
- "I had an affair. My wife says I am at fault for our divorce, and she plans to take all the property in the divorce. Will she get everything?"
Dallas divorce lawyer Ike Vanden Eykel answers: "Judges would rather not deal with the issue of fault in a marriage. But with property division..."
- "Is it true that whatever you and your spouse discuss during one-on-one negotiations cannot be used against you in court? I hear that's covered by 'spousal privilege'."
Houston family lawyer John Nichols answers: "The truth about this notion may be found in Rule 408 of the Rules of Evidence, which states..."
- "How does a joint child-custody agreement usually work?"
Dallas and Plano, Texas family-law attorney Lisa Duffee answers: "There are many approaches that you can take in determining what arrangement works best..."
- "What are my chances of getting custody of our children, or at least being able to see them half the time?"
Dallas divorce attorney Ike Vanden Eykel answers: "Joint child custody tends to push parents together in a sense of cooperation..."
- "My wife has been cheating on me. I want to leave her, but I'm worried that I won't get custody of our kids. Are the courts still reluctant to grant child-custody to fathers?"
Houston, Texas divorce lawyer Sondra Kaighen answers: "Adultery, in Texas divorce law, is a 'ground' on which a divorce may be granted..."
- "How can I (a father) increase my chances of being awarded the primary custody of my children?"
Dallas and Plano, Texas family-law attorney Melinda Eitzen answers: "Texas Family Code provides that sex cannot be considered when evaluating the qualifications..."
- "My partner and I have two children but were never married. How are child custody and child support decided when dealing with children of unwed parents?"
Houston, Texas family lawyer Donn Fullenweider answers: "Texas family law does not distinguish between children of marriages and cohabitation arrangements..."
- "How is child support determined?"
Dallas, Texas divorce lawyer Michael Geary answers: "Texas divorce law has statutory provisions that set forth guidelines for a court to follow..."
- "How is child support enforced?"
Dallas, Texas divorce attorney Michael Geary answers: "The decree of divorce must contain clear language on the amount of child support to be paid..."
- "When will my child support end?"
Houston, Texas divorce attorney-mediator Martha Bourne answers: "Generally, as long as the child is under eighteen, a parent will be paying child support..."
- "If your ex-spouse interferes with your visitation, are you entitled to withhold child support until you receive your court-ordered visitation?"
Bedford, Texas family lawyer Anita Cutrer answers: "Your obligation to pay child support is not dependent on your ability to exercise access to your children..."
- "My ex-wife and our two kids have moved in with her boyfriend. Do I still have to pay spousal support and child support?"
Houston, Texas family-law attorney Carol Griffin answers: "Even though your ex-wife and children are living with her boyfriend, assuming your children are minors..."
- "At what age can my child choose where to live?"
Houston, TX divorce lawyers Tom Connor and Steve Lindamood answer: "A child 12 or older may file an affidavit naming the parent with whom the child wishes to live..."
- "My ex-spouse exercises visitation with my kids, but I want to move with them to another state. Can I go?"
Bedford, TX divorce attorney Anita Cutrer answers: "Texas family law recognizes that the public policy is to encourage continuous contact with both parents..."
Collaborative Family Law issues:
Emotional/Relationship issues:
- "My new stepchildren treat me like a doormat. My own kids are starting to talk back to me, too. What can I do to improve the situation?"
Kennedale, Texas divorce mediator and counselor Carol Mapp answers: "Stepparents are often excellent resources for children who continue to love their natural parents..."
- "I've heard of people having 'divorce ceremonies'. What's that all about?"
Charlotte Eulette, the North American Director of the Celebrant Foundation, answers: "In a ceremony of this kind, friends and family gather for their honored friend..."
- "My marriage is in trouble. What steps can I take to save it?"
Houston, TX family-law attorney and mediator Martha Bourne answers: "Admitting that your marriage is in trouble is the essential first step toward saving it..."
- "Should we stay together for the sake of the kids?"
Houston, TX divorce attorney Sondra Kaighen answers: "Children are often used as the 'excuse' for prolonging the inevitable experience of divorce..."
- "How do I ask my spouse for a divorce?"
Houston, TX family lawyer John Nichols answers: "If you ask your spouse for a divorce, what are you going to do if he or she says, 'No'?..."
- "They say I should start to date as soon as possible. If I don't 'get right back on the horse' immediately, will I be alone forever?"
Houston divorce lawyer and mediator Martha Bourne answers: "There was a complex relationship between you and your spouse that must be understood..."
- "Is it true that, if your kids are fine for the first year after you split up, the divorce didn't affect them and they will be fine in the future?"
Dallas, Texas family therapist Sandra Dooley answers: "How they react to anything depends a lot on their ages, stages of development, and resiliency..."
- "My ex is telling our daughter lies about me. What should I do?"
Fort Worth, Texas divorce attorney Jim Loveless answers: "The first thing is to make sure you are right about what is being said and by whom..."
- "I'm starting to dread my stepchildren's visits. What should I do?"
Houston divorce attorney Marcela Halmagean answers: "Although I would like to give you a neat response outlining a common remedy to your concerns..."
- "How do I know if I have a problem with controlling/repressing my anger?"
Fort Worth, Texas family lawyer Jim Loveless answers: "Every single person going through a divorce is going to be confronted with anger problems..."
Mediation issues:
- "I want to mediate my divorce, but my spouse is so full of bitterness and anger that he refuses. What can I do?"
Dallas and Plano, Texas family-law attorney Barrett Stern answers: "It seems that you are looking for a quick and/or final resolution to your divorce..."
- "If you and your spouse aren't speaking to each other, or if there are significant power imbalances, can you still mediate your divorce?"
Plano, Texas family law attorney-mediator Jody Johnson answers: "You have a problem that may include issues related to the children and your financial estate..."
- "What should I consider when choosing a divorce mediator?"
Dallas, Texas divorce mediator-arbitrator Suzanne Duval answers: "The first important step in preparing for divorce mediation is the selection of the mediator..."
- "Can I get a divorce without a family lawyer?"
Houston divorce lawyer John Nichols answers: "There are many 'do it yourself' divorce kits that you can obtain very cheaply from the Internet..."
- "How do I know if my spouse and I are good candidates for divorce mediation?"
Dallas divorce mediator-arbitrator Suzanne Duval answers: "The easiest way to answer this lies in recognizing cases not appropriate for divorce mediation..."
- "If both lawyers are settlement-minded, is there any point in spending more money on a divorce mediator?"
Houston family lawyer and mediator Brenda Keen answers: "Mediation has a great success record in Texas, which is why most courts require divorce mediation..."
- "Under what conditions will a judge grant my request for visitation with my grandchild?"
Houston, Texas divorce attorneys Tom Connor and Steve Lindamood answer: "The judge may order visitation with the grandchild if..."
- "If a divorce involves complex issues, can you still use a divorce mediator?"
Dallas, Texas divorce mediator-arbitrator Suzanne Duval answers: "It is important to remember the following when mediating a divorce case with complex issues..."
- "I’ve heard that women always do worse in mediation than in the traditional process. How can I be sure I won’t get ripped off?"
Dallas divorce mediator-arbitrator Suzanne Duval answers: "Among the fears about the divorce process, one of the most prevalent is the perception of gender bias..."
Premarital, Prenuptial, Postmarital and Postnuptial Agreements issues:
- "What are the reasons to get a premarital agreement in Texas?"
Houston family-law attorney John Grubb answers: "People use premarital agreements for several reasons, some of which may be interrelated..."
- "Can a premarital agreement be amended or revoked?"
Houston, Texas divorce lawyer John Grubb answers: "A prenuptial agreement is a contract between prospective spouses in contemplation of marriage..."
- "How do you know if a premarital agreement is valid?"
Houston, Texas family lawyer John Grubb answers: "In Texas family law, a premarital agreement will be enforceable unless a party can prove that..."
- "Can I do my own premarital agreement in Texas or do I need professional help?"
Houston, Texas family-law attorney John Grubb answers: "Frequently, people say that they are going to prepare their own premarital agreement..."
- "Can one family-law attorney be used by both parties to prepare a premarital agreement?"
Houston, TX divorce lawyer John Grubb answers: "Each party should have his or her own family-law attorney to review schedules and assets..."
- "Are provisions regarding children enforceable in premarital agreements?"
Houston, TX divorce attorney John Grubb answers: "Occasionally, parties want to insert something in a premarital agreement concerning child custody or child support..."
- "What preparation is necessary before we meet with our divorce attorney regarding our premarital agreement?"
Houston, TX family lawyer John Grubb answers: "Before meeting with a divorce attorney, you should prepare some basic information for the family-law attorney..."
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